Crim 405 GMU Final exam

legal tradition

a set of deeply rooted, historically conditioned attitudes about the nature of law, about the role of law in the society and the polity, about the proper organization and operation of a legal system, ad about the way law is or should be made, applied, studied, perfected, and taught. It puts a legal system into a cultural perspective.

Canon Law

The body of laws governing the religious practices of a Christian church

commercial law

Laws that govern businesses engaged in commerce, merchandising, trade, and sales. In recent years, this body of law has been codified in the Uniform Commercial Code.

revolutionary thought

public law

Constitutional Law

Laws relating to the interpretation of the Constitution

Justinian Code

The body of Roman civil law collected and organized by order of the Byzantine emperor Justinian around A.D. 534.

Corpus Juris Civilis

New code of the Roman Law decided by Justinian I in 529 CE that made Orthodox Christianity the law of the land. It means the "body of civil law".

of persons, of things, of obligations

seperation of powers

The division of a central government into two or more branches, each having its own responsibilities and authorities.

French Declaration of the Rights of Man and Citizen

Declaration written after the French Revolution including rights and freedoms

John Locke

English philosopher who advocated the idea of a "social contract" in which government powers are derived from the consent of the governed and in which the government serves the people; also said people have natural rights to life, liberty and property.

Montesquieu

French political philosopher who advocated the separation of executive and legislative and judicial powers (1689-1755)

Thomas Hobbes

English materialist and political philosopher who advocated absolute sovereignty as the only kind of government that could resolve problems caused by the selfishness of human beings (1588-1679)

Sovereignty

Ability of a state to govern its territory free from control of its internal affairs by other states.

1648 Peace of Westphalia

ended the Thirty Years' War and marked a turning point in history: most conflicts over religious faith receded; treatise recognized the independent authority of more than 300 German princes; The Ausburg agreement of 1555 became permanent and Calvinism was added, making it legally permisable

Judicial Review

The power of the courts to declare laws unconstitutional

French Civil Code

Law code promulgated

in 1804 by Napoléon

that collected, arranged,

and simplified

French law.

Secular

Non-religious

European Union

An international organization of European countries formed after World War II to reduce trade barriers and increase cooperation among its members.

The sources of law in civil law

Guarantees of the French Civil Code

jus commune

The body of the common law or common right

adoption by other countries of the French Civil code

Italy, Netherlands, Belgium, Spain, Portugal, Poland

German Civil Code of 1896

One of the models for countries used by countries that adopted civil code. Such codes act as the sole source of law in most civil law countries.

Friedrich Karl von Savigny

advocated the doctrine of historical continuity, according to which historical rather than natural rights and actual historical facts rather than legal theory were the bases for legal systems.

certainty

something not in doubt

Equity

(n.) the state or quality of being just, fair, or impartial; fair and equal treatment; something that is fair; the money value of a property above and beyond any mortgage or other claim

court of justice of the European Union

this Court consists of the Court of Justice, the General Court and the Civil Service Tribunal. Supreme court of the EU

Origins of German Civil Code and French Civil Code

Differences between German and French Civil Code

Gangs and the rule of law

Rule of Law

a government bound by law, equity before the law, law and order, predictable and efficient rulings, human rights

Common Law

a system of law based on precedent and customs

William the Conqueror

Invaded England from Normandy in 1066; extended tight feudal system to England; established administrative system based on sheriffs; established centralized monarchy.

1066 AD

Norman conquest of England

Writ

law

jury

a body of citizens sworn to give a true verdict according to the evidence presented in a court of law

writ of habeas corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

writ of certiorari

An order by a higher court directing a lower court to send up a case for review

judge-made law

the common law as developed in form and content by judges or judicial decisions

Precedent (stare decisis)

a legal norm established in court cases that is then applied to future cases dealing with the same legal questions

Constitution

A document which spells out the principles by which a government runs and the fundamental laws that govern a society

Constituionalism

The Set of arrangements(including checks and balances, federalism, separation of powers, rule o law, due process, and the bill of rights) that require leaders to listen, think, bargain, and explain prior to making laws

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

US common law system

British "Common Law" System

Basis of our legal system. Decisions by judges on cases are the most important part of law

voir dire

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

unitary system

A government that gives all key powers to the national or central government

federal system

A government that divides the powers of government between the national government and state or provincial governments

Magna Carta

(1215) a charter of liberties (freedoms) that King John "Lackland" of Englad was forced to sign; it made the king obey the same laws as the citizens of his kingdom

transnational organized crime

Unlawful activity undertaken and supported by organized criminal groups operating across national boundaries.

organized crime

The work of a group that regulates relations among criminal enterprises involved in illegal activities, including prostitution, gambling, and the smuggling and sale of illegal drugs.

human trafficking

The illegal trade of human beings, a modern-day form of slavery, for the purpose of commercial sexual exploitation, forced labor, or involuntary military combat.

drug trafficking

illegal production, transportation, sale, or purchase of drugs

interdiction

a prohibition; the act of forbidding

eradication

the complete destruction of every trace of something

corruption

dishonest or fraudulent conduct by those in power, typically involving bribery.

Universal Declaration of Human Rights

A 1946 United Nations covenant binding signatory nations to the observance of specified rights.

civil rights

the rights of citizens to political and social freedom and equality.

political rights

the rights guaranteeing a citizen's ability to participate in politics, including the right to vote and the right to hold an elected office

First Amendment

5 freedoms: speech, press, religion, assembly, petition

Fourteenth Amendment

A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians.